Subh Lata Tanwar v. Abhay Singh Yadav & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ TR.P.(C.) 29/2018 SUBH LATA TANWAR ..... Petitioner Through:

Mr. M.K. Gautam, Adv.

versus ABHAY SINGH YADAV & ANR ..... Respondents Through:

Mr. Manjit Singh Chauhan, Adv. for R-1 Mr. Pranab Chaudharay, Sr. Assistant for SubRegistrar-IX / R-2

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 14.05.2018 There are two suits pending between the parties; one, in which the petitioner is a defendant, it having been instituted by the respondent on the original side of this court in 2009, since transferred on account of change of pecuniary jurisdiction to District Court now pending as CS no.16165/2016 titled Abhay Singh Yadav Vs. Mukesh Kumar & Ors. pending in the court of Sh. Tarun Yogesh, Additional District Judge (South West) at Dwarka Courts Complex and, the other, instituted by the petitioner against the respondents in the year 2017, it having been registered as CS no.816/2017 presently pending in the court of Ms. Twinkle Wadhwa, Additional District Judge (New Delhi) at Patiala House Court Complex.

The property which is subject matter of the two suits is situate TR.P.(C.) 29/2018

in Palam Colony, New Delhi. It is conceded by the counsel on both sides that the said area would fall within the jurisdiction of police station Sagar Pur and consequently would pertain to the jurisdiction of New Delhi District Courts as is the report submitted by the District & Sessions Judge (HQ) on 03.05.2018.

In these circumstances, both sides agree that the aforementioned case pending on the file of the Additional District Judge (South-West) District at Dwarka Court Complex be withdrawn from there and transferred for further proceedings in accordance with law to the aforementioned court of the Additional District Judge (New Delhi District) at Patiala House Courts Complex where the other suit is already pending. Ordered accordingly.

The transferor court shall send the file to the transferee court, complete in all respects, fixing an appropriate date for the parties to appear there.

Whether or not the said two suits are to be consolidated for further proceedings, is a question which will be considered and decided upon by the trial court.

The petition is disposed of in above terms.

R.K.GAUBA, J.

MAY 14, 2018 yg TR.P.(C.) 29/2018